Lawyers Say Vioxx® Lawsuits to Reach Trial by Fall

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The first federal lawsuits against the drug maker Merck over its withdrawn painkiller Vioxx® could reach trial by late fall according to lawyers who gathered for a monthly status conference on the massive litigation.

More than 3,500 individual suits have been filed against Merck in state and federal courts nationwide. Analysts say the company's liability could be as high as $18 billion.

The first state trial begins in July in Angleton, TX. Two other state cases are due to be heard in Texas in September, and a fourth is scheduled for New Jersey.

The federal lawsuits are in New Orleans because the U.S. District Court Judge Eldon Fallon has been assigned the task of initially presiding over all the pretrial motions in the cases. Once that is done the cases may go back to their original districts or could be tried in New Orleans.

Lawyers said the goal for both sides, as well as for Judge Fallon, is to choose initial cases that will aid courts in subsequent proceedings (cases in which broader Vioxx® issues arise).

Both sides have stated that the process of gathering evidence, particularly from the Food and Drug Administration (FDA), which had crucial regulatory responsibility, was moving forward slowly. Significant disputes remain between Merck and the plaintiff's lawyers about what evidence Merck should turn over, with the drug maker contending that the plaintiffs' demands are "overly broad."

Judge Fallon told the lawyers to formulate a plan by early next month to resolve disagreements over evidence.

If you believe that you or a relative were injured by taking Vioxx® please use the form below to contact our law firm.

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